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2023 Supreme(Del) 1197

YOGESH KHANNA
Shiv Dutt Bakshi – Appellant
Versus
Central Bureau of Investigation – Respondent


Advocates appeared:
Ms.Geeta Luthra, Senior Advocate with Mr.Nitin Saluja, Ms.Shivani Luthra Lohia, Ms.Kamakshi Gupta, Mr.Ankur Sinha, Mr.Manas Aggarwal, Ms.Poonam Dangi, Mr.Saahil Mongia, Advocates, for the Petitioner.
Mr.Nikhil Goel, SPP and Mr.Kartik Kaushal, Advocate, for the Respondent.

JUDGMENT

Yogesh Khanna, J.

1. The present petition for quashing under Section 482 Cr.P.C. is preferred against an Order dated 02.03.2020, passed by the learned Spl. Judge (PC) Act, CBI-12,RADCC, New Delhi arising out of RC No.11(A)/2017/SCUV/SC-II/CBI/New Delhi, whereby the Ld. Special Judge rejected the closure report No.11/2019 in present case, wherein admittedly, the original device through which the alleged sting operation was conducted was destroyed and could not be procured during the investigation. It is alleged the Hard disk containing the video footage, allegedly transferred from the original device, was also opined to be a `bad media' and thus not admissible as evidence in terms of law laid down in Anvar P.V vs P. K Basheer and Others (2014) 10 SCC 473 and Sanjaysinh Ramrao Chavan vs. Dattatray Gulabrao Phalke and Other (2015) 3 SCC 123. It is argued the summoning order is liable to be quashed.

2. The facts are as under:

a. on 17th and 18th July 2016, a private news Channel called Samachar Plus aired on national broadcast an alleged sting operation. The operation was allegedly carried out and recorded by a journalist Pt.Auysh Gaur (Deputy Director, Samachar Plus) allegedl

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